Kennedy v R.

Kennedy v R.

Where the defendant prepares and supplies a syringe of heroin for immediate injection and both the defendant and deceased are engaged in the one activity of administering the drug, they are acting in concert. The defendant is jointly responsible for the administration, fulfilling the requirements of an unlawful act...

Source-derived case information.

Parties
Appellant: Simon Kennedy; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
17 March 2005
Procedural Posture
Criminal Appeal / Appeal From Criminal Cases Review Commission Reference
Outcome
Appeal dismissed
Legal Topics
Manslaughter, Unlawful Act Manslaughter, Causation, Supply of Controlled Drugs, Section 23 Offences Against the Person Act 1861, Novus Actus Interveniens
Criminal Law Manslaughter Unlawful Act Manslaughter Causation Supply of Controlled Drugs Section 23 Offences Against the Person Act 1861 Novus Actus Interveniens

Source-derived case record

Summary, issues, holding and outcome

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Parties

Simon Kennedy

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Criminal Cases Review Commission Reference

Legal Issues

  1. 1 Whether supplying heroin to a person who self-injects and dies constitutes manslaughter
  2. 2 Whether the act of self-injection breaks the chain of causation between supply and death
  3. 3 Whether the defendant and deceased were acting in concert in administering the drug

Ratio Decidendi

Where the defendant prepares and supplies a syringe of heroin for immediate injection and both the defendant and deceased are engaged in the one activity of administering the drug, they are acting in concert. The defendant is jointly responsible for the administration, fulfilling the requirements of an unlawful act under s.23 Offences Against the Person Act 1861. The chain of causation is not broken by the deceased's voluntary act of self-injection in these circumstances, and a conviction for manslaughter is sustainable.

Court Disposition

Appeal dismissed